[1]
Editor's Note: Local Law No. 2-2016, adopted 7-14-2016, provided the Planning Board with all power and responsibility to consider, review and issue special use permits. Accordingly, throughout this Article VII, all references to the "Zoning Board of Appeals" have been revised to "Planning Board."
A. 
Procedure.
(1) 
The Planning Board shall hear and decide upon applications for special use permits for any of the uses for which this chapter requires the obtaining of a special use permit.
(2) 
An applicant shall have the burden of proof in establishing a right to a special use permit.
(3) 
General requirements and standards applicable to all special use permits. The Planning Board shall grant a special use permit when it finds adequate evidence that any proposed use submitted for a special use permit will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use under this article. The Board shall among other things require that any proposed use and location be:
(a) 
In the best interests of the Town, the convenience of the community, the public welfare, and that it not be a detriment to property in the immediate vicinity.
(b) 
Suitable for the property in question, and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(c) 
In conformance with all applicable requirements of this chapter.
(d) 
Suitable in terms of effects on street or highway traffic and safety with adequate access arrangements to protect major streets from undue congestion and hazard.
(e) 
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(f) 
The proposal will not significantly increase the possibility of nuisance or noise from the site.
(g) 
The proposal provides for adequate parking in accordance with this chapter.
(4) 
In granting a special use permit, the Planning Board may impose conditions regarding layout, circulation and performance as it deems necessary to insure that any proposed development will secure substantially the objectives of this chapter. These conditions may include but are not limited to the following:
(a) 
Increasing the required lot size or yard dimension.
(b) 
Limiting the height, size or location of buildings.
(c) 
Controlling the location and number of vehicle access points.
(d) 
Increasing the number of required off-street parking spaces.
(e) 
Limiting the number, size, location and lighting of signs.
(f) 
Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(g) 
Designating sites for open space.
In order to prevent the negative secondary effects of adult entertainment establishments, the following restrictions apply:
A. 
No adult-oriented business shall be permitted in a building, any part of which is used for residential purposes, including nonconforming residential uses.
B. 
No more than one adult-oriented business shall be permitted in any building, or on any lot.
C. 
No minor (under the age of 18) shall be permitted onto the premises of any adult-oriented business.
D. 
The exterior of the adult-oriented business structure shall be consistent with the character of the surrounding structures and shall not detract from the appearance of the neighborhood.
E. 
An adult-oriented business shall not be located within 500 linear feet from any building used for: residential purposes, a group care facility, a child-care center, a regular place of religious worship, a public or private school, a public or semi-public building, a medical center, a community center, or another adult-oriented business. Such distance shall be measured from the closest lot lines.
F. 
An adult-oriented business shall not be located or operated within 500 linear feet of the property line of a public park, recreational facility, health facility, or trail.
G. 
All adult-oriented business shall be conducted within enclosed buildings.
H. 
Adult-oriented businesses are prohibited from the OL and SL Districts.
A. 
Location. No station, or parts thereof, shall be located within 200 feet, measured along contiguous street frontages, of any place of residence or public assembly such as, but not limited to churches, schools, theaters, auditoriums, parks and playgrounds.
B. 
Size. No more than two service bays shall be permitted in the R-A District unless the following circumstance exists:
(1) 
One service bay and may be added for each 30 feet of frontage additional to the minimum required herein, provided such additional frontage has a depth at least equal to that of the other portion of the lot, if located in the R-A District.
C. 
Lot coverage. Lot coverage for such station shall not be more than 40% of the site.
D. 
Minimum yard requirements.
(1) 
All structures shall be set back from the street line a distance of not less than 40 feet.
(2) 
No portable signs or other devices shall be located within the setback area required in the preceding Subsection D(1), except as otherwise provided in Article XI.
(3) 
Side and rear yards of not less than 25 feet shall be provided along all other property lines. Such yards shall be provided with an opaque fence of not less than four feet, nor more than six feet in height placed along the property line, or provided with an all-year, solid, evergreen hedge of not less than four feet in height planted along the property line and a ten-foot-wide landscaped strip adjacent to such residential area.
E. 
Non-roofed areas. Non-roofed areas where vehicles are stored or staged shall be designed to prevent leakage or drainage of any automotive fluids into the ground or surface water.
F. 
Ingress and egress. Facilities shall be located a minimum of 40 feet from the intersection of right-of-way lines of any road.
G. 
Lighting.
(1) 
All lighting shall be located such as to prevent the direct rays from shining upon adjacent properties.
(2) 
All flickering, pulsating, or flashing lights and exposed neon lights are specifically prohibited.
H. 
All automotive parts, tools, equipment, dismantled vehicles, and similar related materials shall be stored within a building.
A. 
General requirements. A boathouse may be constructed by a property owner only if a building permit has been issued by the Code Enforcement Officer, and provided that the boathouse complies with this chapter and the requirements of all other local, state and federal regulations.
B. 
Erosion control plan. Implementation of an approved erosion control plan is required.
C. 
New construction requirements.
(1) 
Setbacks.
(a) 
SL District: Shall be located no closer than 75 feet from any side property boundary.
(b) 
OL District: Shall be located no closer than 35 feet from any side property boundary.
(2) 
Size, number, configuration and placement.
(a) 
The maximum footprint of a new boathouse shall not exceed the following (excluding overhangs):
[1] 
One percent of the lot area in the SL District.
[2] 
Five percent of the lot area in the OL District.
(b) 
The footprint of a boathouse shall be of rectangular or square configuration. Boathouses shall be constructed with solid walls.
(3) 
Height and roof requirements.
(a) 
The overall height of a boathouse shall not exceed 15 feet above the high water mark.
(b) 
Overhangs for roofs shall not exceed 18 inches.
(c) 
The roof slope shall not be less than 4:12 (rise:run) nor greater than 6:12 (rise:run).
D. 
Boathouse use, restrictions and prohibitions.
(1) 
The use of any new or existing boathouse for any purpose other than storage of watercraft and related equipment is prohibited.
(2) 
Boathouses shall not be used in any way for human habitation.
(3) 
Boathouses shall not contain any plumbing or kitchen facilities.
E. 
Limitation of boathouse numbers. Only one boathouse is permitted per lot.
A. 
Minimum lot size shall be seven acres.
B. 
No wholly or partly nonresidential structure housing a dog kennel shall be closer than 100 feet to any property line.
C. 
Kennels shall be designed in a manner that provides indoor shelter and outdoor runs. Outdoor runs shall be enclosed by a fence no less than five feet in height.
D. 
In addition to the fencing required for the individual kennel runs, the area surrounding the kennels or collection of kennels shall be enclosed by a fence no less than five feet in height.
In the event that the dwelling is rendered uninhabitable by fire, flood, or by a similar natural or man-made disaster, the Planning Board may authorize the placement of an emergency dwelling upon the lot where said damaged dwelling is located. An emergency dwelling shall be a safe and healthful dwelling unit that meets all applicable building, fire, health or other codes. The Planning Board may waive such terms of this chapter so as to allow the placement and use of such a structure upon the same lot as the damaged dwelling, for occupancy during the period that the damaged dwelling is being repaired or replaced. Such emergency dwelling shall be removed within 10 days of the issuance of the certificate of occupancy for the repaired or replaced dwelling.
A. 
An emergency dwelling is permitted only to meet a documented emergency need.
B. 
The maximum length of time such an emergency dwelling may be on a lot is one year. An extension of one year making a total time period of two years from the initial permit may be granted by the Planning Board in cases of documented hardship. The hardship must result from circumstances beyond the control of the applicant that prevent the applicant from complying with the requirements of this section. An extension may be granted only once.
C. 
An emergency dwelling must have running water and must be connected to a totally enclosed septic system, or public sewer.
A. 
Location. No station, or parts thereof, shall be located within 200 feet, measured along contiguous street frontages, of any place of residence or public assembly such as, but not limited to churches, schools, theaters, auditoriums, parks and playgrounds.
B. 
Size. No more than four gas pumps shall be permitted in the R-A District unless the following circumstances exist:
(1) 
One pump island may be added for each 30 feet of frontage additional to the minimum required herein, provided such additional frontage has a depth at least equal to that of the other portion of the lot, if located in the R-A District.
C. 
Lot coverage. Lot coverage for such station shall not be more than 40% of the site.
D. 
Minimum yard requirements.
(1) 
All structures, except for underground storage tanks, shall be setback from the street line a distance of not less than 40 feet.
(2) 
No portable signs or other devices shall be located within the setback area required in the preceding Subsection D(1), except as otherwise provided in Article XI.
(3) 
Side and rear yards of not less than 25 feet shall be provided along all other property lines. Such yards shall be provided with an opaque fence of not less than four feet, nor more than six feet in height placed along the property line, or provided with an all-year, solid, evergreen hedge of not less than four feet in height planted along the property line and a ten-foot-wide landscaped strip adjacent to such residential area.
(4) 
Gasoline pump islands shall be located not less than 25 feet from the street right-of-way lines and not less than 30 feet from all other property lines.
E. 
Open area. All open area shall be landscaped, where required, or paved with an impervious, all-weather, dustless material, provided, however, all such paved area shall be provided with a storm drainage system to conduct surface run-off into the nearest drainage system.
F. 
Ingress and egress. Ingress and egress points for gasoline service facilities shall be located a minimum of 40 feet from the intersection of right-of-way lines of any road.
G. 
Lighting.
(1) 
All lighting shall be located such as to prevent the direct rays from shining upon adjacent properties.
(2) 
All flickering, pulsating, or flashing lights and exposed neon lights are specifically prohibited.
H. 
All automotive parts, dismantled vehicles, and similar related articles shall be stored within a building.
I. 
Additions or improvements to existing gasoline service stations. Additions or improvements to any existing gasoline service station may be permitted upon compliance with the procedures established for the location of new stations, provided such additions or improvements comply with the requirements of this article.
A. 
A home occupation shall be carried on wholly indoors and within the principal building or within an accessory structure on the same parcel.
B. 
There shall be no use of show windows, displays, or advertising visible outside the premises to attract customers or clients other than signs as permitted.
C. 
There shall be no exterior storage of materials.
D. 
No external alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation, if the alterations would alter the residential character of the building.
E. 
No articles shall be sold or offered for sale except such as may be produced on the premises, or as may be delivered to consumers.
F. 
A home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one additional employee.
G. 
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 500 square feet, whichever is less.
H. 
In particular, a home occupation includes, but is not limited to the following: art studio; professional office of a physician, dentist, lawyer, engineer, architect, writer, or accountant; beauty parlor or barber shop; the repair of appliances or other small items; and the teaching of not more than four pupils simultaneously.
I. 
Among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, commercial stables and kennels, and restaurant.
J. 
The off-street parking area shall be able to accommodate a minimum of three parked cars.
K. 
A business intent form must be on file with the Clerk and it must be reviewed and approved by the Code Enforcement Office.
A pond or any artificial body of water over a depth of two feet must be set back a minimum of 100 feet from existing septic systems. Warning signs or other visual indicators may be required as determined by the Planning Board.
A. 
This section shall apply to any riding academy not located within a state certified, county managed agricultural district.
B. 
Minimum lot size shall be seven acres.
C. 
No stable shall be less than 100 feet from any lot line.
D. 
A fence shall shield any refuse disposal, which shall not be disposed of or stored within 100 feet of any property line.
E. 
A riding academy shall conform with the requirements set forth in § 250-19H, as well as the Bulk Use Table and Keeping and Raising of Livestock Animal Unit Table in the Appendix.[1]
[1]
Editor's Note: The Bulk Use Table and Keeping and Raising of Livestock Animal Unit Table is included as an attachment to this chapter.
Temporary use permits may be issued by the Code Enforcement Officer for a period not exceeding one year for nonconforming uses incident to housing and construction projects, including such structures and uses as the storage of building materials and machinery, the processing of building materials, a real estate office located on the tract being offered for sale or a temporary dwelling, such as a recreational vehicle with appropriate provisions for water supply and sewage disposal used during construction of a dwelling, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit or issuance of any applicable certificate of occupancy. Such permits may be renewed upon application to the Code Enforcement Officer for additional periods not exceeding one year.
Except as permitted by § 250-62, Temporary uses and structures, no person shall use or occupy any portable housing unit, including a travel trailer, tent trailer, tent or motor home for living or sleeping quarters within the Town for more than 45 days per calendar year, unless such use is carried on within a campground.
A. 
The siting and use of Wind Energy Conversion Systems (WECS) must be in accordance with special use permit regulations contained in this article and the additional regulations set forth below.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SITE
The lot on which a wind energy facility is to be located.
TOTAL HEIGHT
The total height of the tower or pole and the furthest vertical extension of the WECS.
WIND ENERGY CONVERSION SYSTEM
A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "windmill" or "wind turbine") and which is intended for personal use to generate on-site power and reduce on-site consumption of utility power.
WIND ENERGY FACILITY
Any wind energy conversion system, including all related cables and equipment necessary for its operation.
C. 
Applicability.
(1) 
WECS are permitted in the R-A District only.
(2) 
No more than one WECS shall be permitted on a particular lot.
(3) 
Any subdivision that creates more than one lot still owned by one individual or entity cannot be used for a wind energy conversion system on each lot as long as it is still owned by one individual or entity.
D. 
Applications for wind energy conversion systems.
(1) 
A WECS shall only be permitted, altered or relocated upon application for and receipt of a special use permit from the Planning Board.
(2) 
A special permit for a WECS shall not be issued unless the Planning Board determines that the application meets all of the following criteria:
(a) 
Shall not be installed in any location where its proximity interferes with existing fixed broadcast, retransmission or reception antenna for radio, television or wireless telephone service providers.
(b) 
Shall be located with relation to property lines so that the level of noise produced during wind turbine operation shall not exceed 40 dbA, measured at the boundaries of all the closest lots that are owned by non-site owners and that abut either the site lot(s) or any other lots adjacent to the site lot held in common by the owner of the site lot as those boundaries exist at the time of special permit application.
(c) 
Shall contain an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
(d) 
The minimum distance between the ground and any part of the WECS rotor blade system shall be 20 feet.
(e) 
All cables and power transmission lines from the WECS electricity generation facilities shall be underground.
(f) 
Each WECS shall be set back from all residential structures located on the property and all property lines a minimum distance equal to the total height of the WECS plus 5% of such height.
(g) 
No WECS shall be located closer than 200 feet from any lot located in the SL or OL Districts.
(h) 
The total height of a WECS shall not exceed 60 feet.
(3) 
The Planning Board may require the applicant to provide adequate and suitable screening, fencing, anti-climbing protection or other protective measures as it deems necessary or proper to reduce or eliminate aesthetic impacts and ensure the public health and safety of the residents of the Town of Spafford.
E. 
Removal. If a WECS is inoperable for a period of at least 12 consecutive months, the Planning Board shall have the authority to terminate the special permit and require the owner of the WECS to remove it from the lot within 90 days of receipt of written notification.
A. 
Purpose. Outdoor wood boilers are being used more frequently as an alternative to typical heating systems. The purpose of this section is to ensure that adequate regulations exist regarding the permitting, placement and operation of such boilers to preserve and protect the public health, safety and welfare and ensure that such boilers do not create a nuisance to the residents of the Town of Spafford.
B. 
Prohibitions.
(1) 
No person shall operate an outdoor wood boiler that does not meet the requirements set forth in this section.
(2) 
Emissions.
(a) 
No person shall cause or allow emissions of air contaminants from an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic or duration that is injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:
[1] 
Activating smoke detectors in neighboring structures;
[2] 
Impairing visibility on a public highway; or
[3] 
Causing a continuous visible plume migrating from an outdoor wood boiler and contacting a building on an adjacent property.
(b) 
The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that results in the conditions or circumstances listed in this subdivision, notwithstanding the existence of specific air quality standards or emission limits.
(3) 
Outdoor wood boilers are prohibited in the Otisco Lake and Skaneateles Lake Zoning Districts.
C. 
Approved fuels. Only clean wood shall be burned in an outdoor wood boiler.
D. 
Approved models. Any outdoor wood boiler that is installed, extended, enlarged or replaced after the effective date of this chapter shall comply with the United States Environmental Protection Agency's Phase 2 emissions standards at a minimum and display the corresponding Phase 2 (or better) Qualified hang tag.
E. 
Residential-size new outdoor wood boiler.
(1) 
Setback. A residential-size new outdoor wood boiler shall not be located:
(a) 
Less than 150 feet from the nearest property line; and
(b) 
Less than 300 feet from the nearest property line of any property located in the Otisco Lake or Skaneateles Lake Zoning District.
(2) 
Lot size. A residential-size new outdoor wood boiler shall not be located on a lot less than three acres in size.
(3) 
Stack height. A residential-size new outdoor wood boiler shall be equipped with a permanent stack as specified by the manufacturer. However, if the Town determines that such outdoor wood boiler is in violation of any of the provisions of Subsection K below, the Town has the authority to require that such stack be extended up to a maximum of two feet above the peak of any dwelling on the lot or any neighboring dwelling located within 300 feet of such boiler.
F. 
Commercial-size new outdoor wood boiler.
(1) 
Setback. A commercial-size new outdoor wood boiler shall not be located:
(a) 
Less than 250 feet from the nearest property line; and
(b) 
Less than 500 feet from the nearest property line of any property located in the Otisco Lake or Skaneateles Lake Zoning District.
(2) 
Lot size. A commercial-size new outdoor wood boiler shall not be located on a lot less than five acres in size.
(3) 
Stack height. A commercial-size new outdoor wood boiler shall be equipped with a permanent stack extending a minimum of 18 feet above the ground and two feet above the peak of any dwelling on the lot or any neighboring dwelling located within 300 feet of such boiler.
(4) 
A commercial-size new outdoor wood boiler shall not be used solely for residential purposes.
G. 
Permanent label. A permanent label shall be affixed to all new outdoor wood boilers and shall contain the following information:
(1) 
Name and address of the manufacturer;
(2) 
Date of manufacture;
(3) 
Model name and number;
(4) 
Serial number;
(5) 
Thermal output rating in Btu/h;
(6) 
List of approved fuels that may be burned in the new outdoor wood boiler; and
(7) 
Certified particulate emission rate in grams per hour.
H. 
Special use permit application requirements for new outdoor wood boilers.
(1) 
A person wishing to install and operate a new or replacement outdoor wood boiler shall be required to obtain a special use permit from the Town of Spafford Planning Board in accordance with the requirements of this article. In addition to the requirements set forth above regarding special use permit applications, an application for a special use permit shall also include the following information, at a minimum:
(a) 
A survey or site plan prepared by a licensed professional engineer, architect or land surveyor, or a sketch prepared by the applicant or its agent (such sketch may be subject to verification by the Code Enforcement Officer), that shows:
[1] 
The location of the outdoor wood boiler;
[2] 
The acreage of the lot on which the outdoor wood boiler will be located;
[3] 
The setback distances to the nearest property lines as set forth in Subsections E(1) and F(1) above;
[4] 
The location and setback distance of any dwelling located on the lot and any neighboring dwelling located within 300 feet of the outdoor wood boiler; and
[5] 
The top-of-stack elevation plus the elevations of all peaks of dwellings within a 300-foot radius from the outdoor wood boiler.
(b) 
Plans and specifications regarding the installation of the outdoor wood boiler; and
(c) 
Any additional information deemed necessary by the Planning Board.
(2) 
The Planning Board shall hold a public hearing concerning any application for a special use permit to install an outdoor wood boiler.
(3) 
In determining whether to approve or deny a special use permit application, the Planning Board shall consider several factors, including, but not limited to, the following:
(a) 
The intended use of the outdoor wood boiler;
(b) 
The source of fuel for the outdoor wood boiler;
(c) 
The location of the outdoor wood boiler as it relates to existing structures on the lot and any adjacent properties and structures;
(d) 
The topography and/or environmental setting of the lot and adjacent properties (e.g., wooded, open fields, prevailing wind patterns, etc.); and
(e) 
Any public comments received.
(4) 
Any person who receives a special use permit from the Planning Board for an outdoor wood boiler shall also be required to obtain from the Town of Spafford Building Department a building permit and certificate of compliance before such boiler may be operated.
I. 
Existing outdoor wood boilers.
(1) 
A special use permit shall not be required for an existing outdoor wood boiler, but any such boiler must be in compliance with Subsections B(2)-(3), C, I and J within one year of the effective date of this section. The failure of any person who owns an existing wood boiler to comply with this section within such time shall be deemed a violation subject to enforcement by the Town of Spafford Building Department pursuant to Subsection K below.
(2) 
Any person wishing to extend, enlarge or replace an existing outdoor wood boiler shall be required to comply with the requirements of this section in its entirety, including all special use permit application requirements.
J. 
Compliance with laws. Any person that owns or operates an outdoor wood boiler shall comply with all applicable local, state and federal laws and regulations regarding outdoor wood boilers, including all applicable emissions standards.
K. 
Enforcement.
(1) 
The Town of Spafford Building Department reserves the right to suspend or revoke any permit issued for an outdoor wood boiler in order to protect the health, safety and welfare of the residents of the Town of Spafford, if any of the following conditions occur:
(a) 
The emissions from the outdoor wood boiler interfere with the reasonable enjoyment of life or property;
(b) 
The emissions from the outdoor wood boiler cause damage to vegetation or property;
(c) 
The emissions from the outdoor wood boiler are or may be harmful to human or animal health;
(d) 
Malodorous air contaminants from the outdoor wood boiler are detectable outside the lot on which the boiler is located.
(2) 
A permit that has been suspended may be reinstated by the Town of Spafford Building Department once the condition(s) that resulted in suspension or revocation is remedied and reasonable written assurance is provided by the permit holder that such condition(s) will not recur.
(3) 
Failure to comply with any of the provisions of this chapter shall constitute a violation of Chapter 250, Zoning, of the Code of the Town of Spafford and shall be punishable in accordance with the provisions of Article III. In addition, any permit issued pursuant to this section shall be revoked upon conviction of a second offense, and the subject outdoor wood boiler shall not be eligible for another permit. The owners of the real property upon which prohibited acts occur shall be jointly and severally liable for violations of this section. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor wood boiler is located until paid.
A. 
Application requirements.
(1) 
All applications for mines and mining operations as defined in this chapter (excluding mining of consolidated material, which is prohibited) shall comply with the standards set forth in Article XIII (site plan review) and are subject to special use permit review.
(2) 
A special use permit is not required for any mining operation that proposes to mine less than 1,000 tons or 750 cubic yards, whichever is less, of minerals from the earth within 12 successive calendar months, and that does not require a mining permit from the New York State Department of Environmental Conservation. Mining in aid of onsite construction will require a special permit application.
(3) 
In determining whether to grant or deny a special use permit application for mining, the Planning Board shall consider all applicable special use permit and performance standards criteria.
(4) 
If a determination is made to grant a special use permit subject to conditions, such conditions may include any and all conditions allowed under New York law, including but not limited to the following:
(a) 
Evidence must be submitted to the reviewing board's satisfaction that the site will not impose undue damage or excessive wear and tear upon roads and bridges controlled by the local government by virtue of the type and volume of traffic to be generated by the proposed operation. If such evidence is not submitted, the applicant shall procure in advance a bond to cover costs of road and bridge repair arising from such traffic. The amount of the bond shall be determined by the reviewing board, and shall be subject to annual review and adjustment at the reviewing board's sole discretion.
(b) 
Routing of mineral transport vehicles on roads controlled by the local government shall be determined by the reviewing board based upon evidence gathered by the Board and submitted by the applicant and/or any interested persons. Public health, safety and general welfare considerations shall principally govern the selection of appropriate routes.
(c) 
The boundaries of any mining operation permitted herein shall be set back at least 200 feet from any property line, the boundary line of any street or public thoroughfare right-of-way, or any residence or other human-occupied structure.
(d) 
Mine access roads at all points, including but not limited to the main entrance and exits of the mine, shall be set back at least 200 feet from any existing residence or public building.
(e) 
A barrier consisting of: i) gates across all ingress and egress points; and ii) ditching, berming or erection of other similar physical barriers to deter unauthorized vehicular access to the mine. All gates shall be closed and locked at all times except during working hours of such operations or when employees shall be within.
(5) 
If the reviewing board finds that the above conditions either will not be imposed as written upon the applicant, or will not be sufficient to enable the proposed mining application to comply with applicable special use permit and performance standards criteria, it shall deny the special use permit.
B. 
Prohibitions. No mine or mining shall be permitted in any district other than the Residential-Agricultural District.
A. 
A single-wide manufactured home shall be allowed in accordance with this article, as well as the following conditions:
(1) 
A single-wide manufactured home must be at least 12 feet wide and 40 feet long, or at least 480 square feet in size.
(2) 
A single-wide manufactured home must have a minimum roof pitch of 3:12.
(3) 
The Planning Board shall consider the age and condition of a single-wide manufactured home.
(4) 
Single-wide manufactured homes shall be limited to the R-A District only.
(5) 
A single-wide manufactured home shall not be located in close proximity to established subdivisions or neighborhoods within the R-A District that are comprised primarily of non-manufactured homes, including, but not limited to, the following: Tracey Drive; Singing Woods; Locust Lane; Bockes Road; the Bacon Hill HOA, and Pine Grove Road.
[Amended 7-14-2016 by L.L. No. 2-2016]
[Added 11-10-2016 by L.L. No. 4-2016; amended 3-9-2017 by L.L. No. 1-2017]
An owner of a one family or two-family dwelling may seek approval to rent the dwelling as a short-term rental property under terms that may be inconsistent with or deviate from the requirements set forth in Chapter 250, Zoning, of the Code of the Town of Spafford through application of a special use permit and pursuant to the terms and procedures as set forth under Article VII of Chapter 250, Zoning, of the Code of the Town of Spafford.